Book I.

THE PRESIDENT: Colonel Taylor, unless you are going to conclude this

particular part, I think we had better adjourn now.

COL. TAYLOR: I will conclude with two affidavits, Your Honor, but it

will take probably 10 minutes.

THE PRESIDENT: Very well, if that will conclude it, go on.

COL. TAYLOR: It will conclude it. Firstly, Affidavit Number 24, which

becomes Exhibit USA-565, Document Number 3718-PS. This is by Colonel

Bogislav von Bonin, who, at the beginning of the Russian campaign, was a

staff officer with the 17th Panzer Division:

“At the beginning of the Russian campaign, I was the first

General Staff officer of the 17th Panzer Division which had the

mission of driving across the Bug, north of Brest-Litovsk.

Shortly before the beginning of the attack my division received,

through channels from the OKW, a written order of the Führer.

This order directed that Russian commissars be shot upon capture

without judicial process immediately and ruthlessly. This order

extended to all units of the Eastern Army. Although the order

was supposed to be relayed to companies, the commanding general

of the 37th Panzer Corps—General of Panzer Troops

Lemelsen—forbade its being passed on to the troops because it

appeared unacceptable to him from military and moral points of

view.”

That brings us to the final affidavit, Number 20, Exhibit USA-564,

Document Number 3717-PS, which is by Adolf Heusinger, Generalleutnant in

the German Army, and from 1940 to 1944 Chief of the Operations Section

at OKH. I read:

“1. From the beginning of the war in 1939 until autumn 1940, I

was I-a of the Operations Section of the OKH, and from autumn

1940 until 20 July 1944 I was chief of that section.

“When Hitler took over supreme command of the Army, he gave to

the Chief of the General Staff of the Army the function of

advising him on all operational matters in the Russian theater.

“This made the Chief of the General Staff of the Army

responsible for all matters in the operational areas in the

East, while the OKW was responsible for all matters outside the

operational areas, for instance all troops—security units, SS

units, Police—stationed in the Reich commissariats.

“All Police and SS units in the Reich commissariats were also

subordinate to the Reichsführer SS. When it was necessary to

transfer such units into operational areas this had to be done

by order of the Chief of the OKW. On the other hand,

corresponding transfers from the front to the rear were ordered

by the OKW with the concurrence of the Chief of the General

Staff of the Army.

“The Higher SS and Police Leaders normally had command of

operations against partisans. If stronger army units were

committed together with the SS and Police units within

operational areas, a higher commander of the Army could be

designated commander of the operation.

“During anti-partisan operations within operational areas all

forces committed for these operations were under the command of

the commander of the respective army group.

“2. Directives as to the manner and methods of carrying on

counter-partisan operations were issued by the OKW—Keitel—to

the OKH upon orders from Hitler and after consultation with

Himmler. The OKH was responsible merely for the transmission of

these orders to army groups, for instance, such orders as those

concerning the treatment to be accorded to commissars and

Communists, those concerning the manner of prosecuting by

courts-martial army personnel who had committed offenses against

the population, as well as those establishing the basic

principles governing reprisals against the inhabitants.

“3. The detailed working out of all matters involving the

treatment of the local populace, as well as anti-partisan

warfare in operational areas in pursuance of orders from the

OKW, was the responsibility of the Quartermaster General of the

OKH.

“4. It had always been my personal opinion that the treatment of

the civilian population and the methods of anti-partisan warfare

in operational areas presented the highest political and

military leaders with a welcomed opportunity of carrying out

their plans, namely, the systematic extermination of Slavism and

Jewry. Entirely independent of this, I always regarded these

cruel methods as military insanity, because they only helped to

make combat against the enemy unnecessarily more difficult.”

THE PRESIDENT: We will adjourn until a quarter past 2.

[_A recess was taken until 1415 hours._]

_Afternoon Session_

COL. TAYLOR: Will Your Lordship swear the witness?

THE PRESIDENT: What is his name?

COL. TAYLOR: Erich von dem Bach-Zelewski.

[_The witness, Von dem Bach-Zelewski, took the stand._]

THE PRESIDENT: What is your name?

ERICH VON DEM BACH-ZELEWSKI (Witness): Erich von dem Bach-Zelewski.

THE PRESIDENT: Will you take this oath: “I swear by God—the Almighty

and Omniscient—that I will speak the pure truth—and will withhold and

add nothing.”

[_The witness repeated the oath._]

COL. TAYLOR: May I remind the witness to speak very slowly, and to keep

his answers as short as possible? Can you hear me?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: Were you a member of the SS?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: What was the last rank you held in the SS?

VON DEM BACH-ZELEWSKI: SS Obergruppenführer and General of the

Waffen-SS.

COL. TAYLOR: Did you serve in the 1914-18 war?

VON DEM BACH-ZELEWSKI: Yes. I was at the front from 1914 to 1918, was

wounded twice, and received the Iron Cross, First and Second Class.

COL. TAYLOR: Did you remain in the army after the end of the last war?

VON DEM BACH-ZELEWSKI: Yes, I stayed in the 100,000-man army.

COL. TAYLOR: How long did you remain in the army?

VON DEM BACH-ZELEWSKI: Till 1924, when I took my discharge.

COL. TAYLOR: Did your military activities then stop?

VON DEM BACH-ZELEWSKI: No, I was battalion leader in the Border Defense,

and subsequently I took part in maneuvers with the Wehrmacht until the

campaign against Poland.

COL. TAYLOR: Did you join the Nazi Party?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: In what year?

VON DEM BACH-ZELEWSKI: In the year 1930.

COL. TAYLOR: What branch of the party did you join?

VON DEM BACH-ZELEWSKI: The Allgemeine-SS.

COL. TAYLOR: What were your activities in the SS prior to the outbreak

of the war?

VON DEM BACH-ZELEWSKI: I established the Allgemeine-SS Border Defense in

the districts of Schneidemühl and Frankfurt-an-der-Oder, and from 1934 I

was Oberabschnittsführer in East Prussia and afterwards in Silesia.

COL. TAYLOR: Were you a member of the Reichstag during this period?

VON DEM BACH-ZELEWSKI: Yes, I was a member of the Reichstag from 1932

right up to the end.

COL. TAYLOR: Did you take any active part during this war, before the

campaign against the Soviet Union?

VON DEM BACH-ZELEWSKI: No, not before the campaign against Russia.

COL. TAYLOR: What was your rank at the beginning of the war?

VON DEM BACH-ZELEWSKI: At the beginning of the war I was SS

Gruppenführer and lieutenant general.

COL. TAYLOR: And when were you promoted?

VON DEM BACH-ZELEWSKI: I was promoted on 9 November 1941 to SS

Obergruppenführer and general of the Waffen-SS.

COL. TAYLOR: What was your position after the beginning of the campaign

against the Soviet Union?

VON DEM BACH-ZELEWSKI: Would you please repeat the question; it was not

quite clear.

COL. TAYLOR: What was your position, your function, at the beginning of

the war against the Soviet Union?

VON DEM BACH-ZELEWSKI: At the beginning of the campaign against Russia I

served as Higher SS and Police Leader in the central sector of the

Russian Front, in the rear zone of Army Group Center.

COL. TAYLOR: Was there a similar SS official in the rear zone of each

army group?

VON DEM BACH-ZELEWSKI; Yes, in each army group, North, Center, and

South, there was a Higher SS and Police Leader.

COL. TAYLOR: Who was the commander of Army Group Center?

VON DEM BACH-ZELEWSKI: The commander of Army Group Center was, in the

beginning, General Field Marshal Von Bock, and later General Field

Marshal Kluge.

COL. TAYLOR: Who was the Armed Forces commander in the rear zone of Army

Group Center?

VON DEM BACH-ZELEWSKI: General of the Infantry Von Schenkendorff.

COL. TAYLOR: Was he directly subordinate to the commander of the army

group?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: Who was your immediate superior in the SS?

VON DEM BACH-ZELEWSKI: Heinrich Himmler.

COL. TAYLOR: And who was your immediate superior in the rear zone of the

army?

VON DEM BACH-ZELEWSKI: General Von Schenkendorff.

COL. TAYLOR: What was your principal task as Higher SS and Police Leader

in central Russia?

VON DEM BACH-ZELEWSKI: My principal task was fighting partisans.

COL. TAYLOR: Are you generally familiar with the operations of the

so-called Einsatzgruppen of the SD?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: Did these units play any important part in large-scale

anti-Russian operations?

VON DEM BACH-ZELEWSKI: No.

COL. TAYLOR: What was the principal task of the Einsatzgruppen?

VON DEM BACH-ZELEWSKI: The principal task of the Einsatzgruppen of the

Sicherheitspolizei was the annihilation of the Jews, gypsies, and

political commissars.

COL. TAYLOR: Then what forces were used for large-scale anti-partisan

operations?

VON DEM BACH-ZELEWSKI: For anti-partisan activities formations of the

Waffen-SS, of the Ordnungspolizei, and above all, of the Wehrmacht were

used.

COL. TAYLOR: Please describe the nature of these regular army units that

were used for anti-partisan operations.

VON DEM BACH-ZELEWSKI: These units of the Wehrmacht were composed, in

the first place, of the security divisions in the rear zone, just behind

the battle front; then there were the so-called Landesschützen

battalions which were independent units under the orders of the

Wehrmacht commanders; and there were also Wehrmacht formations used for

the defense of certain installations such as railways and landing

grounds and other military objectives. Moreover, as from 1943 or 1942,

there were the so-called “alarm units” composed of formations in the

rear zone.

COL. TAYLOR: Until what date did you remain Higher SS and Police Leader

for central Russia?

VON DEM BACH-ZELEWSKI: I was Higher SS and Police Leader for central

Russia until the end of 1942, with occasional interruptions when I was

at the front and with one interval of about 6 months when I had an

illness. At the end of 1942 I was appointed Chief of Anti-Partisan

Combat Units.

COL. TAYLOR: Was this position of Chief of Anti-Partisan Combat Units

created specially for you?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: To whom were you directly subordinate in this new capacity?

VON DEM BACH-ZELEWSKI: Heinrich Himmler.

COL. TAYLOR: Were your functions in this new capacity restricted to any

particular part of the Eastern Front?

VON DEM BACH-ZELEWSKI: No. My sphere of activity comprised the entire

Eastern zone.

COL. TAYLOR: What was the general nature of your duties as Chief of

Anti-Partisan Combat Units?

VON DEM BACH-ZELEWSKI: First of all, I had to establish an intelligence

center at Himmler’s headquarters to which all reports in connection with

partisan activities were dispatched, where they were evaluated, and then

forwarded to the competent authorities.

COL. TAYLOR: In the course of your duties did you confer with the

commanders of army groups and armies on the Eastern Front?

VON DEM BACH-ZELEWSKI: With the commanders of the army groups, not of

the armies, and with the district commanders of the Wehrmacht.

COL. TAYLOR: Did you advise these commanders with respect to the methods

which should be employed to combat partisans?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: Will you name some of the commanders with whom you

personally conferred?

VON DEM BACH-ZELEWSKI: I am quoting from memory, without giving a

complete list: General of Cavalry Bremer, Wehrmacht commander in the

East; General Field Marshal Küchler, commanding general of Army Group

North; the commanding generals of Army Group Center, Kluge and Busch;

the Wehrmacht commander in the Ukraine, General of the Luftwaffe

Kitzinger; General Field Marshal Freiherr von Weichs, commanding general

in Serbia, at Belgrade; and General Kügler, Wehrmacht commander in the

Trieste area.

COL. TAYLOR: What proportion of Wehrmacht troops was used in

anti-partisan operations as compared to Police and SS troops?

VON DEM BACH-ZELEWSKI: Since the number of Police and SS troops was very

small, anti-partisan operations were undertaken mainly by Wehrmacht

formations.

COL. TAYLOR: Were the anti-partisan troops usually commanded by

Wehrmacht officers or by SS officers?

VON DEM BACH-ZELEWSKI: It varied, depending mostly on the individual

area; in the operational areas Wehrmacht officers nearly always

commanded, but an order existed to the effect that the formation, be it

Wehrmacht, Waffen-SS or Police, which supplied the most troops for a

particular operation, had command of it.

COL. TAYLOR: Did the highest military leaders issue instructions that

anti-partisan operations were to be conducted with severity?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: Did the highest military authorities issue any detailed

instructions as to the methods to be used in anti-partisan operations?

VON DEM BACH-ZELEWSKI: No.

COL. TAYLOR: What was the result, in the occupied territories, of this

lack of detailed directives from above?

VON DEM BACH-ZELEWSKI: This lack of detailed directives resulted in a

wild state of anarchy in all anti-partisan operations.

COL. TAYLOR: In your opinion, were the measures taken in anti-partisan

operations far more severe than the circumstances warranted, or were

they not?

VON DEM BACH-ZELEWSKI: Since there were no definite orders and the lower

commanders were forced to act independently, the operations varied

according to the character of the officer in command and the quality of

the troops. I am of the opinion that the operations often not only

failed in their purpose but even overshot their mark.

COL. TAYLOR: Did these measures result in the unnecessary killing of

large numbers of the civilian population?

VON DEM BACH-ZELEWSKI: Yes.

COL. TAYLOR: Did you report these excessive measures to the commanders

of the army groups and other Wehrmacht officers with whom you worked?

VON DEM BACH-ZELEWSKI: This state of affairs was generally known. There

was no necessity to make a special report about it, since every

operation had immediately to be reported in all detail, and was known to

every responsible leader.

COL. TAYLOR: Were any effective steps taken by the higher military

authorities or by the commanders of army groups to stop these excesses?

VON DEM BACH-ZELEWSKI: I remember that General Von Schenkendorff in

particular made innumerable reports in this connection and discussed

them with me; both of us forwarded them through our service channels.

COL. TAYLOR: Did these reports by General Von Schenkendorff have any

effect?

VON DEM BACH-ZELEWSKI: No.

COL. TAYLOR: Why not?

VON DEM BACH-ZELEWSKI: Quartermaster General Wagner certainly attempted

to effect a change by suggesting that more rigid supervision be imposed

on the troops, but he did not succeed in his purpose.

COL. TAYLOR: Was an order ever issued by the highest authorities, that

German soldiers who committed offenses against the civilian population

were not to be punished in the military courts?

VON DEM BACH-ZELEWSKI: Yes, this order was issued.

COL. TAYLOR: Was this order an obstacle to correcting the excesses of

the troops?

VON DEM BACH-ZELEWSKI: Yes, in my opinion this order prevented the

orderly conduct of operations, since one can train troops only if one

has adequate disciplinary powers and jurisdiction over them and is able

to check excesses.

COL. TAYLOR: What decorations did you win during the war?

VON DEM BACH-ZELEWSKI: In this war I received the clusters to the Iron

Cross I and II, the German Cross in gold, and the Knight’s Cross to the

Iron Cross.

COL. TAYLOR: Your Lordship, the witness is available for examination by

others.

THE PRESIDENT: Does the Soviet Prosecutor wish to ask any questions?

COL. POKROVSKY: With your permission, I wish to ask a series of

questions.

[_Turning to the witness._] What forces of the Police and SS were at

your disposal in 1941 and 1942, when you were Chief of the Police and SS

in the rear zone of Army Group Center?

VON DEM BACH-ZELEWSKI: Directly under my command in 1941 were one police

regiment of the Regular Police, and occasionally, for about 2 or 3

months at a time, one SS cavalry brigade.

COL. POKROVSKY: Was the Einsatzgruppe B, headed by Nebe, under your

command?

VON DEM BACH-ZELEWSKI: No.

COL. POKROVSKY: Did you or did you not receive Nebe’s reports?

VON DEM BACH-ZELEWSKI: Not directly, but I managed to see them.

COL. POKROVSKY: What do you know of the activities of Einsatzgruppe B?

VON DEM BACH-ZELEWSKI: Einsatzgruppe B was located in Smolensk, and

operated in precisely the same way as all the other Einsatzgruppen. One

heard everywhere in conversation that the Jews were being rounded up and

sent to ghettos.

COL. POKROVSKY: Did you report to the commands of the operational groups

on the activities of Einsatzgruppe B?

VON DEM BACH-ZELEWSKI: I asked for information on the activities of

Einsatzgruppe B directly through Schenkendorff, from the I. C. of Army

Group Center.

COL. POKROVSKY: Did you know of the order issued by the commander of the

6th Army, General Reichenau, regarding the partisan movement?

VON DEM BACH-ZELEWSKI: Would you be good enough to repeat the name; was

it General Von Reichenau?

COL. POKROVSKY: Yes.

VON DEM BACH-ZELEWSKI: Yes, I know of that. I think it was in 1941, but

I am not certain—it might have been in 1942—when General Von Reichenau

sent to all the Wehrmacht commanders an order approving the actions

taken against the Jews and partisans.

COL. POKROVSKY: In 1943 or later were there, under your command, units

or companies specially selected to combat the partisan movement?

VON DEM BACH-ZELEWSKI: In 1943, as Chief of Anti-Partisan Combat Units,

I had no direct authority to issue orders, since I was head of the

central office, but I did lead some operations wherever the authority of

two commanders overlapped.

COL. POKROVSKY: Do you know anything about the existence of a special

brigade consisting of smugglers, poachers, and persons released from

prison?

VON DEM BACH-ZELEWSKI: When all the troops really suitable for

anti-partisan warfare had been withdrawn, an anti-partisan battalion

under the command of Dirlewanger was formed and attached to Army Group

Center at the end of 1941 or the beginning of 1942. This battalion was

gradually strengthened by the addition of reserve units until it reached

the proportions, first, of a regiment and, later, of a brigade. This

“Dirlewanger Brigade” consisted for the most part of previously

convicted criminals; officially it consisted of so-called poachers, but

it did include real criminals convicted of burglary, murder, _et

cetera_.

COL. POKROVSKY: How do you explain the fact that the German Army Command

so willingly strengthened and increased its forces by adding criminals

to them and then using these criminals against the partisans?

VON DEM BACH-ZELEWSKI: I am of the opinion that this step was closely

connected with a speech made by Heinrich Himmler at Wezelsburg at the

beginning of 1941, prior to the campaign against Russia, when he spoke

of the purpose of the Russian campaign, which was, he said, to decimate

the Slav population by 30 million, and that it was in order to achieve

this purpose that troops of such inferior caliber were introduced.

COL. POKROVSKY: Is it correct then to say that the character of the

troops used by the commanders to fight the partisans had been given

careful consideration? Did they receive precise instructions how to

treat the population and how to fight against the partisans? I am now

referring to the proposed and officially sanctioned extermination of the

population.

VON DEM BACH-ZELEWSKI: Yes, I think this purpose was a decisive factor

in the selection of certain commanders and formations.

COL. POKROVSKY: By what means and by what measures were Wehrmacht units

brought in to fight the partisans? Were they specially recruited or were

they used from time to time according to some set plan?

VON DEM BACH-ZELEWSKI: I think that on the whole there was no definite

set plan. So-called large-scale operations were initiated, planned, and

executed by headquarters. Anti-partisan fighting, however, was mostly of

a spontaneous nature, since every lower commander was obliged to keep

his own area free of partisans and thus had to act on his own

initiative.

COL. POKROVSKY: You said that in very many cases generals and officers

of the Wehrmacht personally headed the operations against the partisans.

Can you give us some concrete facts and the names of some of the

generals and officers?

VON DEM BACH-ZELEWSKI: I didn’t fully understand the meaning of the

question. The names of commanders?

COL. POKROVSKY: You have told us that certain operations during the

struggle against the partisans were conducted by officers and generals

of the Wehrmacht, and I now ask you if you can name some of the officers

and generals?

VON DEM BACH-ZELEWSKI: Yes, some of the generals I have already

mentioned. In addition I remember Major General Hartmann, in central

Russia. One large-scale anti-partisan operation was either led by him or

at least directed by him from his headquarters. I also remember Colonel

General Reinhardt in whose rear zone there were important partisan

groups. I might even say that there was not a single general in the rear

zone who did not participate in the struggle against the partisans. I

cannot, of course, remember all the names; but if I hear them mentioned,

I can tell you whether or not they participated.

COL. POKROVSKY: Could you tell us what undertaking was commanded by

General Ackmann?

VON DEM BACH-ZELEWSKI: No, I cannot remember that.

COL. POKROVSKY: Were there any general orders relating to prisoners of

war, the civilian population, or the partisans?

VON DEM BACH-ZELEWSKI: Unfortunately there were no general instructions

which clearly stated how the partisans or the population were to be

treated. That was the complaint I made: That no instruction was issued

on the treatment of the partisans and that we were not even told who was

to be considered a partisan. When anything happened and the German

Wehrmacht was attacked, there were never clear orders on what was to be

done by way of reprisals.

COL. POKROVSKY: Am I to understand that in the absence of direct orders

commanders were given a clear field and had the right to declare any

person they wished a partisan and treat him accordingly?

VON DEM BACH-ZELEWSKI: The commanders certainly had to and could act and

decide independently. No precise control was possible in individual

cases, but the activities of all the troops used were always clearly

known to the High Command, because the individual reports of the troops

contained all details of the counter measures taken against the

partisans—that is, they had to contain the number of partisans killed

in combat, the number of partisans shot, of partisan suspects shot, and

the number of our own losses. At the same time captured weapons had to

be listed in detail, so that each leader could therefore see clearly how

an operation worked out in practice.

COL. POKROVSKY: That means that each commander decided for himself

whether there was any reason to suspect a man and to execute him?

VON DEM BACH-ZELEWSKI: Yes.

COL. POKROVSKY: Do you know of any order prescribing the seizure of

hostages and the burning of villages as a reprisal for abetting the

partisans?

VON DEM BACH-ZELEWSKI: No. I do not think that written orders to that

effect were ever issued, and it is precisely this lack of any orders

which I considered a mistake. It should, for instance, have been

definitely stated how many people could be executed as a reprisal for

the killing of one, or of 10 German soldiers.

COL. POKROVSKY: Am I to understand that if certain commanders burned

villages as a punitive measure against the local population, they, the

commanders, would be acting on their own initiative?

VON DEM BACH-ZELEWSKI: Yes. These steps would be taken by a commander on

his own initiative. Nor could his superior officers do anything against

it, since orders emanating from the highest authorities definitely

stated that if excesses were committed against the civilian population

in the partisan areas, no disciplinary or juridical measures could be

taken.

COL. POKROVSKY: And can we assume that the same applied to the seizure

of hostages?

VON DEM BACH-ZELEWSKI: Well, I think that the question of hostages did

not arise at all in the anti-partisan struggle. The hostage system was

more common in the West. At any rate the term “hostage” was not used in

anti-partisan warfare.

COL. POKROVSKY: Do you know anything about the forcible abduction and

deportation to Germany of minors between 14 and 18 years of age?

VON DEM BACH-ZELEWSKI: Naturally, I do not remember details such as the

age groups, but when I was appointed Chief of Anti-Partisan Combat

Units, I welcomed an order, issued at my suggestion, forbidding

indiscriminate reprisals of the troops and decreeing that in future

captured partisans and partisan suspects would no longer be shot but

would be brought to the Reich by the Sauckel organization.

COL. POKROVSKY: If I understood you correctly, you replied to a question

of my colleague, the American Prosecutor, by saying that the struggle

against the partisan movement was a pretext for destroying the Slav and

Jewish population?

VON DEM BACH-ZELEWSKI: Yes.

COL. POKROVSKY: Was the Wehrmacht Command aware of the methods adopted

for fighting the partisan movement and for destroying the Jewish

population?

VON DEM BACH-ZELEWSKI: The methods were known generally, and hence to

the military leaders as well. I do not, of course, know whether they

were aware of the plan mentioned by Himmler.

COL. POKROVSKY: Did you personally take part in any conferences with

generals of the Wehrmacht during which the methods of anti-partisan

warfare were clearly and plainly discussed?

VON DEM BACH-ZELEWSKI: The methods as such were discussed in detail and

knowledge of them was taken for granted, but it was not mentioned at

these discussions that such and such a number of persons were to be

shot. That would be a wrong conclusion.

COL. POKROVSKY: You have told us that the Germans intended to destroy

the Slav population in order to reduce the number of Slavs to 30

million. Where did you get this figure and this order?

VON DEM BACH-ZELEWSKI: I must correct that: Not to reduce to 30 million,

but by 30 million. Himmler mentioned this figure in his speech at the

Wezelsburg.

COL. POKROVSKY: Do you confirm the fact that actually all the measures

carried out by the German commanders and by the Wehrmacht in the

occupied Russian territories were directed to the sole purpose of

reducing the number of Slavs and Jews by 30 million?

VON DEM BACH-ZELEWSKI: The meaning of that is not quite clear to me. Did

the Wehrmacht know that the Slav population was to be diminished by 30

million? Would you please repeat the question, it wasn’t quite clear?

COL. POKROVSKY: I asked: Can you actually and truthfully confirm that

the measures taken by the Wehrmacht Command in the district

administrative areas then occupied by the Germans were directed to the

purpose of diminishing the Slavs and Jews by 30 million? Do you now

understand the question?

VON DEM BACH-ZELEWSKI: I believe that these methods would definitely

have resulted in the extermination of 30 million if they had been

continued, and if developments of that time had not completely changed

the situation.

COL. POKROVSKY: I have no further questions to put to the witness.

THE PRESIDENT: Does the Defense have any questions?

DR. EXNER: Witness, you said you were chief of anti-partisan operations,

didn’t you?

VON DEM BACH-ZELEWSKI: Chief of Anti-Partisan Combat Units.

DR. EXNER: Well, if such chaotic conditions really existed, why didn’t

you alter the system?

VON DEM BACH-ZELEWSKI: Because I was never given the requisite

authority.

DR. EXNER: I beg your pardon?

VON DEM BACH-ZELEWSKI: Because I was never given authority. I could not

issue orders, I had no disciplinary powers, and I was not an appointing

authority for military courts.

DR. EXNER: Then did you make a report on the existing conditions to your

superior officers?

VON DEM BACH-ZELEWSKI: Every day. I had a permanent staff at Himmler’s

headquarters.

DR. EXNER: Did you suggest any changes?

VON DEM BACH-ZELEWSKI: Persistently.

DR. EXNER: And why were these changes never realized?

VON DEM BACH-ZELEWSKI: I think I have already expressed myself quite

clearly on this point: because I think that these changes were not

desired.

DR. EXNER: You also, as you have informed us, reported to your superior

authorities on the number of enemy dead, wounded, and prisoners after

each operation. Tell me what, approximately, was the proportion of enemy

prisoners to the enemy dead?

VON DEM BACH-ZELEWSKI: The figures varied in each case. I cannot

generalize, but it was a fact that prisoners usually far outnumbered the

enemy dead.

DR. EXNER: The prisoners outnumbered the dead?

VON DEM BACH-ZELEWSKI: Yes, but only in the years after the order

allowing prisoners to be taken.

DR. EXNER: The system was harsher at first, you say, and milder later

on?

VON DEM BACH-ZELEWSKI: Yes, it was milder insofar as we now had definite

orders stating where the prisoners were to be brought and to whom they

were to be turned over. There were no such orders in the beginning.

DR. EXNER: Can you name any orders which you received from military

authorities, dealing in any way with the annihilation of millions of

Slavs?

VON DEM BACH-ZELEWSKI: I already gave my answer to that question to the

prosecutor when I said that a written order to that effect did not

exist.

DR. EXNER: Do you know that the reports which you sent to Himmler on the

actions which you had carried out were submitted by Himmler directly to

the Führer?

VON DEM BACH-ZELEWSKI: May I reply to that in some detail? At first I

had a permanent staff at Himmler’s headquarters. My chief of staff was

there permanently while I was at the front. Between the Wehrmacht

offices—that is, OKW and OKH—and my own staff there was constant and

organized interchange of reports, for reports on partisan activities did

not always reach me first, since from some operational areas the channel

for reports was through the OKH. Therefore the Wehrmacht sent me as many

reports as I sent to the Wehrmacht. These reports were collected in my

staff, and were daily sent to Himmler who forwarded them again.

DR. EXNER: To whom?

VON DEM BACH-ZELEWSKI: The gentlemen of the Wehrmacht have confirmed to

me, here in prison, that these reports were submitted during strategic

conferences.

DR. EXNER: Can you tell me whether Jews participated in the partisan

groups?

VON DEM BACH-ZELEWSKI: There is no question but that in individual

partisan groups Jews did participate, in numbers corresponding to the

size of the Jewish population.

DR. EXNER: In individual groups? Was it not more in the nature of an

exception?

VON DEM BACH-ZELEWSKI: Yes, it was definitely an exception.

DR. EXNER: That is why I do not quite understand how actions taken

against the partisans were to lead to the extermination of the Jews.

VON DEM BACH-ZELEWSKI: I did not say that; I was speaking earlier of the

Einsatzgruppen of the Sicherheitspolizei.

DR. EXNER: Oh, I see, that is different. Do you know anything about the

Dirlewanger regiment?

VON DEM BACH-ZELEWSKI: That was the Dirlewanger Brigade, which I

described in detail to the prosecutor a short time ago.

DR. EXNER: Yes. Was that brigade at any time under your command?

VON DEM BACH-ZELEWSKI: Yes, in 1941.

DR. EXNER: Was it a formation of the Army or the SS?

VON DEM BACH-ZELEWSKI: No, it was not a formation of the Waffen-SS; it

was supplied by the Allgemeine SS, that is, by the Berger office.

DR. EXNER: Can you tell me who was present at Himmler’s speech at the

Wezelsburg?

VON DEM BACH-ZELEWSKI: About 12 Gruppenführer were present, I can name

them if you like.

DR, EXNER: You mean Gruppenführer . . .

VON DEM BACH-ZELEWSKI: Gruppenführer of the SS.

DR. EXNER: Were any officers of the Wehrmacht present?

VON DEM BACH-ZELEWSKI: No.

DR. EXNER: Thank you very much.

DR. KRAUS: You were present in Königsberg on the 18th of August 1935

when the former President of the Reichsbank, Schacht, made a speech at

the Eastern Fair (Ostmesse)?

VON DEM BACH-ZELEWSKI: Yes.

DR. KRAUS: What was your position at that time?

VON DEM BACH-ZELEWSKI: I was Oberabschnittsführer.

DR. KRAUS: Were you present at the speech in your official capacity?

VON DEM BACH-ZELEWSKI: Yes, as Oberabschnittsführer of the SS.

DR. KRAUS: And you suddenly left the room in the middle of the speech,

as a protest?

VON DEM BACH-ZELEWSKI: Yes, in the middle of the speech I left the room.

DR. KRAUS: In protest?

VON DEM BACH-ZELEWSKI: Yes.

DR. KRAUS: Then you did not agree with the speech?

VON DEM BACH-ZELEWSKI: I did not leave on account of the speech but as a

protest.

DR. KRAUS: As a protest against the contents of the speech?

VON DEM BACH-ZELEWSKI: No.

DR. KRAUS: May I ask, then, why you protested?

VON DEM BACH-ZELEWSKI: It is well known that in East Prussia I conducted

a violent campaign against the then Gauleiter Koch, which, led to his

suspension. Koch and I were bitterly opposed and I could not therefore

understand why Reich Minister Schacht, who God knows did not belong to

Koch’s school of thought, should take pains to pay compliments to this

man, whom I knew to be corrupt.

DR. KRAUS: Were you protesting, then, against the attitude of Herr

Schacht or that of Herr Koch?

VON DEM BACH-ZELEWSKI: I think Herr Schacht must have known that it was

a protest against Koch. In any case I had it explained to him later, and

we finally settled the matter amicably through mediators.

DR. KRAUS: I see. Thank you.

DR. SERVATIUS: Witness, you said that a change was made regarding the

treatment of partisans, and that it was ordered that the partisans were

to be placed into the labor service. Where did this order originate?

VON DEM BACH-ZELEWSKI: I cannot give you detailed information about

this, I only know that Herr Sauckel himself went around in the East and

made long speeches to the effect that it would be best if these men who

were captured in partisan warfare were placed in the labor service

through his organization.

DR. SERVATIUS: I asked where this order originated. Did it originate

with Himmler or, as you described it, with the Sauckel organization?

VON DEM BACH-ZELEWSKI: No. The Sauckel organization could, of course,

never issue orders relating to partisan warfare. I presume that the

Sauckel organization suggested the order, but of course it had to

originate with Himmler or the OKW.

DR. SERVATIUS: What do you know of the Sauckel organization? Where did

it exist?

VON DEM BACH-ZELEWSKI: I know only what was generally known: namely,

that this organization existed for the purpose of bringing manpower into

the Reich for work in the armament industry.

DR. SERVATIUS: You spoke of an organization; but you don’t know anything

about this organization, do you?

VON DEM BACH-ZELEWSKI: No, I don’t mean it in your sense, a large

independent organization; that is not what I mean. But it was obvious

that a man who was responsible for the whole of manpower must have an

organization at his disposal. I beg your pardon, it was a mistake on my

part.

DR. SERVATIUS: Then you do not know that Sauckel had no executive power

at all and that he was not provided with an administrative machine of

his own.

VON DEM BACH-ZELEWSKI: No, I don’t know that.

THE PRESIDENT: I want the attention of the defendants’ counsel. What I

want to say is this, that unless counsel and the witnesses speak slowly

and make adequate pauses between the questions and the answers, it is

impossible for the interpreters to interpret properly, and the only

result is that the questions and answers do not come through to the

Tribunal, nor do the defendants’ counsel get the benefit of the true

meaning of the answers which have been given in the

examination-in-chief, and everything that you may think you gain by

rapidity of cross-examination, you lose by the inadequacy of the

translation. I will repeat, that you should pause at the end of your

sentences and at the end of your questions, so as to give the

interpreter’s voice time to come through.

DR. STAHMER: Witness, you said that from 1942 onwards you were Chief of

Anti-Partisan Combat Units. As such, it was your duty to fight the

partisans in the East?

VON DEM BACH-ZELEWSKI: Yes, that is correct, in the East.

DR. STAHMER: Now, you said that it was not quite clear what was to be

understood by the term “partisan”; the concept of “partisan” was never

during the entire period clearly defined. Is that correct?

VON DEM BACH-ZELEWSKI: Yes, the sense of that is correct. In my opinion

a distinction should be drawn between partisans and partisan suspects.

The troops did not always make this distinction. A partisan was a man

carefully selected and trained by the enemy. He was also very well

armed. I always insisted that this concept was not vague, but concrete.

If fire is opened from a wood, a house, or a village, it is not correct

to say that everyone in the wood, house, or village is a partisan; for

this reason: The tactics of the partisans were to disappear rapidly

after a successful action; they relied on the element of surprise

inherent in this method of warfare. If the troops took their counter

measures without being specially trained and without exact knowledge of

this concept of “partisan,” then they would conclude from the fact that

they had been fired on from a village, that all the inhabitants were

partisans. In my view, a partisan can be considered as such only if he

is encountered or captured with a weapon in his hand. If he has no

weapon, he cannot be considered a partisan.

DR. STAHMER: Now, what did you do in a positive way to clarify this

concept of “partisan”?

VON DEM BACH-ZELEWSKI: As I have already said, ever since 1941, even

before I was Chief of Anti-Partisan Combat Units, not only I but also

General Von Schenkendorff, continually sent numbers of memoranda

containing suggestions. Moreover, in the Russian Army Group Center, for

instance, we organized schools for fighting partisans, where the troops

were to be trained along these lines. Schenkendorff and I, together,

worked out a series of regulations for fighting partisans, but they were

never published. Immediately after I was appointed Chief of

Anti-Partisan Combat Units, that is, in the beginning of 1943, my staff

began to prepare a new series of regulations for fighting partisans.

Many months passed, however, before these regulations were finally

published, in 1944, when they were already practically useless.

DR. STAHMER: Who issued these regulations?

VON DEM BACH-ZELEWSKI: These regulations were published by the

Wehrmacht, in the form of an ordinary Wehrmacht directive.

DR. STAHMER: They were issued by the Wehrmacht?

VON DEM BACH-ZELEWSKI: They came out in 1944.

DR. STAHMER: What were their contents?

VON DEM BACH-ZELEWSKI: They were entitled, _Regulations for the Fighting

of Partisans (Bandenkampfvorschrift)_.

DR. STAHMER: What were their contents?

VON DEM BACH-ZELEWSKI: They comprised the whole of partisan warfare;

thus they contained reconnaissance, operational details, differences

between small-scale, medium-scale, and large-scale operations.

DR. STAHMER: Since these partisan combat regulations did not appear

before 1944, was it not your task, as you had all anti-partisan forces

in the whole East, to instruct your forces directly on their conduct?

VON DEM BACH-ZELEWSKI: In the first place, as I have said, I had no

authority to issue orders. Consequently, I could only make suggestions.

Secondly, closely organized anti-partisan forces never existed; it was

an empty name which they were given. Any kind and number of formations

would be assigned for anti-partisan warfare whenever necessary. It is

wrong to say that I had troops at my disposal for the sole purpose of

fighting the partisans. Moreover—and I should like to emphasize

that—the document appointing me Chief of Anti-Partisan Combat Units

stated as follows: Anti-partisan operations will be commanded either by

the Higher SS and Police Officer, or the competent Wehrmacht commander

in their respective areas. According to that directive, my own task was

only that of an inspector, in spite of my continuous request for

authority to issue orders.

DR. STAHMER: I don’t quite understand . . .

THE PRESIDENT: You must go slowly and you must pause between your

sentences.

DR. STAHMER: As general of the Waffen-SS you must have had power to

issue orders?

VON DEM BACH-ZELEWSKI: I had authority only to issue orders when I

personally conducted an operation.

DR. STAHMER: But you were appointed, as you said, to fight the partisans

and you must have had combat units for the purpose?

VON DEM BACH-ZELEWSKI: No, I had no such units.

DR. STAHMER: Then how did you conduct your fight against the partisans?

VON DEM BACH-ZELEWSKI: In each case, I went to the respective commander,

discussed the operation with him and asked for the necessary troops,

unless they were put at my disposal, as it often happened, by the OKW or

the OKH directly.

DR. STAHMER: You asked for troops, unless they were put at your

disposal. But then these troops assigned to you were under your command,

were they not?

VON DEM BACH-ZELEWSKI: No, only if I personally commanded the operation.

Otherwise, as I said, either the competent general of the Wehrmacht or,

in the area of the civil government, the higher SS and police Leader

commanded the operation. It was expressly noted in the directive

containing my appointment as Chief of the Anti-Partisan Combat Units,

that I could request authority to command an operation only if the

authority of two higher SS and police leaders or of two Wehrmacht

commanders overlapped, thus calling for a higher authority to handle the

conflicting responsibilities.

DR. STAHMER: Did you never personally command an operation?

VON DEM BACH-ZELEWSKI: Yes, I conducted one operation in 1943.

DR. STAHMER: In what way?

VON DEM BACH-ZELEWSKI: This undertaking took place in the fall of 1943,

in the region of Idrizza Polotsk. I first flew to the Army Group Center

and talked the matter over with the then chief, General Krebs. Then I

went on to Army Group North and discussed the same matter with Field

Marshal Küchler. Küchler organized all the troops of the SS and Police

and also the Wehrmacht formations in the rear areas into a so-called

corps under the command of Jaeckel. The Army Group Center did the same

with its own forces, and also formed a corps under the command of the

Higher SS and Police Leader in the area. I myself, with my staff, was in

command of both, and Colonel Von Mellenthin of the OKH was assigned to

me as liaison officer. Then I conducted the enterprise personally. In

the meantime the front had been broken through in foggy weather, and I

made the independent decision of turning against the Red Army forces

which had broken through; thus my units became the front line.

DR. STAHMER: You said a little while ago that you had been decorated

with the Knight’s Cross. Did you receive this decoration for this

undertaking alone?

VON DEM BACH-ZELEWSKI: No, as I said before, I was already at the front

in the year 1941. Again and again I was with the fighting units: In 1941

at Moscow, in 1942 at Velikie-Luki, and later at Koebel, at Warsaw

during the uprising in Warsaw; and from 1944 onwards I commanded an SS

corps.

DR. STAHMER: Did you not know that you were particularly commended by

Hitler and Himmler and decorated mainly for your ruthless and efficient

actions in the war against the partisans?

VON DEM BACH-ZELEWSKI: No. I received no decoration for the war against

the partisans. I received all my decorations, beginning with the

clusters to the Iron Cross II, at the front and from the Wehrmacht. I

will gladly give you names.

DR. STAHMER: The Brigade Dirlewanger was an SS brigade, wasn’t it?

VON DEM BACH-ZELEWSKI: The Brigade Dirlewanger did not belong to the

Waffen-SS. It was an organization which could possibly be classified as

part of the Allgemeine-SS. It was not supplied and kept up by the

Waffen-SS, but by the Berger office.

DR. STAHMER: Was the commander of the Brigade Dirlewanger a member of

the SS?

VON DEM BACH-ZELEWSKI: Yes.

DR. STAHMER: Didn’t you yourself suggest that criminals should be

organized and used for fighting the partisans?

VON DEM BACH-ZELEWSKI: No.

DR. THOMA: Witness, do you know that the civil government in White

Ruthenia often protested against the manner in which the anti-partisan

activities were carried on?

VON DEM BACH-ZELEWSKI: Yes.

DR. THOMA: The civil authority was subordinate to the Reich

Commissioner, and he in turn was subordinate to Rosenberg as Minister

for the Occupied Eastern Territories, is that correct?

VON DEM BACH-ZELEWSKI: Yes.

DR. THOMA: If I understood you correctly, you disapproved of the manner

in which the fighting against partisans was carried on, involving many

innocent people; and you disapproved also of the existence of the

Dirlewanger Regiment and of the speech of Reichsführer SS Himmler?

VON DEM BACH-ZELEWSKI: Yes.

DR. THOMA: How could you then reconcile it with your conscience to

remain chief or inspector of anti-partisan units and also head of such

Einsatzgruppen?

VON DEM BACH-ZELEWSKI: I was never chief of Einsatzgruppen.

THE PRESIDENT: The question had not come through then on the

interpreter’s voice before you began to answer. You must give greater

pauses between the question and answer.

DR. THOMA: How did you reconcile it with your conscience to remain

inspector of the anti-partisan forces in the East?

VON DEM BACH-ZELEWSKI: Not only could I reconcile that with my

conscience, but I actually strove to obtain this position because in the

years 1941 and 1942 I saw, together with Schenkendorff, that things

could not continue as they were. General Schenkendorff, my immediate

superior, recommended me for the position.

DR. THOMA: But you knew that you could not achieve anything with these

suggestions?

VON DEM BACH-ZELEWSKI: No, I couldn’t know that. What I realize and

acknowledge today, I could not possibly have known then.

DR. THOMA: At any rate, you achieved nothing?

VON DEM BACH-ZELEWSKI: I don’t think that; my opinion is rather that if

someone else had been in my position, the disaster would have been

greater.

DR. THOMA: Do you believe that Himmler’s speech, in which he demanded

the extermination of 30 million Slavs, expressed only his personal

opinion; or do you consider that it corresponded to the National

Socialist ideology?

VON DEM BACH-ZELEWSKI: Today I believe that it was the logical

consequence of our ideology.

DR. THOMA: Today?

VON DEM BACH-ZELEWSKI: Today.

DR. THOMA: What was your own opinion at that time?

VON DEM BACH-ZELEWSKI: It is difficult for a German to fight through to

this conviction. It took me a long time.

DR. THOMA: Then how is it that a few days ago a witness, namely, the

Witness Ohlendorf, appeared here and admitted that through the

Einsatzgruppen he had killed 90,000 people, but told the Tribunal that

this did not harmonize with the National Socialist ideology?

VON DEM BACH-ZELEWSKI: I am of a different opinion. If for years, for

decades, a doctrine is preached to the effect that the Slav race is an

inferior race, that the Jews are not even human beings, then an

explosion of this sort is inevitable.

DR. THOMA: Nevertheless the fact remains that, together with whatever

attitude towards life you had at that time, you also had a conscience?

VON DEM BACH-ZELEWSKI: And today, too—for that reason I am here.

[_Dr. Exner approached the lectern._]

THE PRESIDENT: Dr. Exner, are you cross-examining on behalf of some

other defendant, or what?

DR. EXNER: I should like to ask two or three questions which my client

put to me as important during the recess.

THE PRESIDENT: You have already cross-examined, have you not?

DR. EXNER: Yes, but I now have three new questions. We were not able to

prepare ourselves for this cross-examination.

THE PRESIDENT: Very well. Go on.

DR. EXNER: Witness, you said an order was issued in the year 1944

regarding anti-partisan warfare. During the recess, I found in the

document book of the Prosecution, under 1786-PS, mention of a combat

directive on partisan warfare, dated 27 November 1942. Do you know of

this?

VON DEM BACH-ZELEWSKI: No.

DR. EXNER: But it must exist, since it is mentioned here.

VON DEM BACH-ZELEWSKI: I don’t know it.

DR. EXNER: Do you know of a Russian directive for partisan warfare?

VON DEM BACH-ZELEWSKI: Yes, that existed.

DR. EXNER: Could you give us information on the contents of this

directive? What were the combat methods prescribed?

VON DEM BACH-ZELEWSKI: I no longer remember it.

DR. EXNER: Do you know where this directive is available?

VON DEM BACH-ZELEWSKI: No.

DR. EXNER: Thank you.

THE TRIBUNAL (Mr. Biddle): One moment. Do you know how many members of

the Wehrmacht were used at any one time in this anti-partisan activity?

What was the largest number of the troops?

VON DEM BACH-ZELEWSKI: Large-scale undertakings were those carried out

with one division or more. I believe the largest number of troops for a

single operation might have been three divisions.

THE TRIBUNAL (Mr. Biddle): I mean all the troops on the Eastern Front at

any one time used in these anti-partisan activities?

VON DEM BACH-ZELEWSKI: I cannot answer that, because these troops were

never together under my direction. Operations were conducted

simultaneously, large-, small-, and medium-scale operations were being

carried out everywhere at the same time. Reports of such operations came

in every day.

THE TRIBUNAL (Mr. Biddle): Do you know how many Einsatzgruppen were

used?

VON DEM BACH-ZELEWSKI: I know of three, one for each army group.

THE PRESIDENT: [_To Colonel Taylor._] You don’t want to re-examine?

COL. TAYLOR: No, Sir.

THE PRESIDENT: Then the witness may go.

[_The witness left the stand._]

COL. TAYLOR: Your Lordship, that concludes the evidence under Counts

Three and Four of the Indictment and I have only a few more words by way

of general conclusion.

I ask the Tribunal to bear in mind that the German High Command is not

an evanescent thing, the creature of a decade of unrest, or a school of

thought or tradition which is shattered and utterly discredited. The

German High Command and military tradition have in the past achieved

victory and survived defeat. They have met with triumph and disaster,

and they have survived through a singular durability.

An eminent American statesman and diplomat, Mr. Sumner Welles, has

written, and I quote from his book _The Time for Decision_, Page 261:

“. . . that the authority to which the German people have so

often and so disastrously responded was not in reality the

German Emperor of yesterday, or the Hitler of today, but the

German General Staff. Whether their ostensible ruler is the

Kaiser, or Hindenburg, or Adolf Hitler, the continuing loyalty

of the bulk of the population is given to that military force

controlled and guided by the German General Staff.”

I think that this emphasizes the historical importance of the decision

which this Tribunal is called on to make. But we are not now indicting

the German General Staff at the bar of history, but on specific charges

of crimes against international law and the dictates of the conscience

of mankind, as embodied in the Charter which governs this Court.

The picture we have seen is that of a group of men with great power for

good or evil, who chose the latter, who deliberately set out to arm

Germany to the point where the German will could be imposed on the rest

of the world, and who gladly joined forces with the most evil forces at

work in Germany. “Hitler produced the results which all of us warmly

desired,” we are told by Blomberg and Blaskowitz, and that is obviously

the truth. The converse is no less clear; the military leaders furnished

Hitler with the means and the might which were necessary to his

survival, to say nothing of the accomplishment of those purposes which

seemed to us so ludicrously impossible in 1932 and so fearfully imminent

in 1942.

I have said that the German militarists were inept as well as

persistent. Helpless as Hitler would have been without them, he

succeeded in mastering them. The generals and the Nazis were allies in

1933. But it was not enough that the generals should be his voluntary

allies; Hitler wanted them permanently and completely under his control.

Devoid of political skill and principle, the generals lacked the

mentality or morality to resist. On the day of the death of President

Hindenburg, in August 1934, the German officers swore a new oath. Their

previous oath had been to the Fatherland; now it was to a man—Adolf

Hitler. Later the Nazi emblem became part of their uniform, the Nazi

flag their standard. By a clever process of infiltration into key

positions, Hitler seized control of the entire military machine.

We will no doubt hear the generals ask what they could have done about

it. We will hear that they were helpless, and that to protect their jobs

and families and lives, they had to follow Hitler’s decisions. No doubt

this became true, but the generals were a key factor in Hitler’s rise to

complete power and a partner in his criminal aggressive designs. It is

always difficult and dangerous to withdraw from a criminal conspiracy.

Never has it been suggested that a conspirator may claim mercy on the

ground that his fellow conspirators threatened him with harm, should he

withdraw from the plot.

In many respects the spectacle which the German General Staff and High

Command group presents today is the most degrading of all the groups and

organizations before this Court. They are the bearers of a tradition not

devoid of valor and honor; but they emerge from this war stained both by

criminality and ineptitude. Attracted by the militaristic and aggressive

Nazi policies, the German generals found themselves drawn into

adventures of a scope they had not foreseen. From crimes in which almost

all of them participated willingly and approvingly were born others in

which they participated partly because they were too ineffective to

alter the governing Nazi policies and partly because they had to

continue collaboration to save their own skins.

Having joined the partnership, the General Staff and High Command group

planned and carried through manifold acts of aggression which turned

Europe into a charnel house and caused the Armed Forces to be used for

foul practices, foully executed, of terror, pillage, and wholesale

slaughter. Let no one be heard to say that the military uniform shall be

a cloak, or that they may find sanctuary by pleading membership in the

profession to which their actions were a disgrace.

COL. STOREY: If the Tribunal pleases, the next subject will be the

presentation of supplemental evidence concerning the persecution of the

churches as presented by Colonel Wheeler.

COLONEL LEONARD WHEELER, JR. (Assistant Trial Counsel for the United

States): Your Honors, the material now to be submitted comprises, first,

supplemental proof on the suppression of the churches within Germany:

the Evangelical churches, the Catholic Church, and the Bibelforscher (or

Bible students); and second, acts of suppression in the annexed and

occupied territories, Austria, Czechoslovakia, and Poland. A large part

of this proof will be from the official files of the Vatican.

I now submit to the Court United States Trial Brief H (supplemental), on

“Suppression of the Christian Churches in Germany and in the Occupied

Territories,” and Document Book H (supplemental), containing English

translations of all the documents referred to in the supplemental brief,

or to be referred to in my oral presentation. I shall take up first the

supplemental proof on the suppression of the churches in Germany.

Hitler announced in March 1933 a distinction in his policy toward

politics and morals on the one hand and religion on the other. I offer

in evidence Document Number 3387-PS, Exhibit Number USA-566. This is a

speech by Hitler to the Reichstag on March 23, 1933, quoted in the

_Völkischer Beobachter_, for March 24, 1933, Page 1, Column 5 of the

German newspaper. I quote from this speech:

“While the Government is determined to carry through a political

and moral purging of our public life, it is creating and

insuring the requisites of a truly religious life. The

Government sees in both Christian confessions the factors most

important for the maintenance of our Volkstum. It will respect

agreements concluded between them and the Länder. However, it

expects that its work will meet with like appreciation. The

Government will treat all other denominations with objective

justice. However, it can never condone that belonging to a

certain denomination or to a certain race should be regarded as

a license for the commission or toleration of crime. The

Government will devote its care to harmony between Church and

State.”

Toward the Evangelical churches, the Nazi conspirators proceeded at

first with caution, and an appearance of legality. They set up a new

constitution of the German Evangelical Church, which introduced the

innovation of a single Lutheran Reich Bishop, who assumed all the

administrative functions of the old agencies of the churches. I refer to

Document Number 3433-PS, the Decree concerning the Constitution of the

German Evangelical Church, dated July 14, 1933, appearing in the

_Reichsgesetzblatt_, 1933, Part I, Page 471, and request that the Court

take judicial notice of it.

It is too well known to require documentation that the new Reich Bishop,

Bishop Müller, heeded the voice of his Nazi masters. One of his first

steps was to maneuver the Evangelical Youth Association into the Hitler

Jugend under the Defendant Von Schirach in December 1933. In proof of

this I refer to Document Number 1458 (a)-PS, already in evidence as part

of Document Book D. This is an excerpt from Von Schirach’s book, _The

Hitler Youth—Idea and Formation_.

By 1935 it had become evident that more than persuasion by the Reich

Bishop was necessary. Consequently the Nazi conspirators promulgated a

number of public laws which, under innocent sounding titles, gradually

wove a tight net of state control over all the affairs of the

Evangelical churches. We ask that the Court take judicial notice of

these laws published in the _Reichsgesetzblatt_. These may be briefly

summarized as follows:

3434-PS, “Law concerning Procedure for Decisions in Legal Affairs of the

Evangelical Church,” dated 26 June 1935, signed by Hitler and Frick,

appearing in 1935 in _Reichsgesetzblatt_, Part I, Page 774. This gave

the Reich Minister of the Interior, the Defendant Frick, when question

was raised in a civil lawsuit, sole authority to determine the validity

of measures taken in the Evangelical state churches, or in the German

Evangelical Church since May 1, 1933.

3435-PS, “First Ordinance for Execution of the Law concerning Procedure

for Decisions in Legal Affairs of the Evangelical Church,” dated July 3,

1935, appearing in 1935 _Reichsgesetzblatt_, Part I, Page 851. This

implemented the earlier law, by setting up an Office for Decisions with

three members appointed by the Reich Minister of the Interior.

3466-PS, “Decree to Unite the Competences of Reich and Prussia in Church

Affairs,” dated July 16, 1935, signed by Hitler, published in 1935

_Reichsgesetzblatt_, Part I, Page 1029. This transferred to Reich

Minister without Portfolio Kerrl the Church Affairs hitherto handled by

the Reich and Prussian Ministries of the Interior and for Science,

Education, and Training of the Population.

3436-PS, “Law for the Safeguarding of the German Evangelical Church,”

dated 24 September 1935, published in the 1935 _Reichsgesetzblatt_, Part

I, Page 1178, signed by Hitler and the Minister for Church Affairs, Dr.

Kerrl. This empowered the Reich Minister of Church Affairs to issue

ordinances with binding legal force.

3437-PS, “Fifth Decree for Execution of the Law for the Safeguarding of

the German Evangelical Church,” dated 2 December 1935, published in 1935

_Reichsgesetzblatt_, Part I, Page 1370. This prohibited “Organs of

Church Leadership” in the Evangelical churches from filling pastorates,

engaging clerical assistants, examining and ordaining candidates of the

state churches, visitation, publishing of the banns, and collection and

administration of church dues and assessments.

This series of laws culminated on June 26, 1937, in Document Number

3439-PS, the “Fifteenth Decree for the Execution of the Law for Security

of the German Evangelical Church,” dated June 25, 1937, published in

1937 _Reichsgesetzblatt_, Part I, Page 697. By this, the Reich Minister

for Church Affairs, Kerrl, established a finance department for the

churches to supervise the administration of all church property, the

budget, and the use of budget funds and to regulate salaries and

allowances of officials, clergy, and employees. Thus, before the

outbreak of the war, the Nazi conspirators had the Evangelical churches

tied hand and foot physically and administratively, if not spiritually.

Against the Catholic Church with its international organization the Nazi

conspirators launched a most vigorous and drastic attack—again at

first, however, cloaked under a mantle of co-operation and legality. A

concordat signed by the Defendant Von Papen, one of the foremost

Catholic laymen in Germany, was concluded between the Reich Government

and the Vatican on July 20, 1933. It is printed in the 1933

_Reichsgesetzblatt_, Part II, Page 679 to Page 690, and contained in

Document Number 3280 (a)-PS. I ask the Court to take judicial notice of

it. I quote Article 1:

“The German Reich guarantees freedom of profession and public

practice of the Catholic religion.

“It acknowledges the right of the Catholic Church, within the

limit of those laws which are applicable to all, to manage and

regulate its own affairs independently and, within the framework

of its own competence, to publish laws and ordinances binding on

its members.”

Other articles which, being matters of common knowledge, I assume need

not be read into the record, formulated basic principles such as freedom

of the Catholic press, of Catholic education, and of Catholic

charitable, professional, and other organizations.

The proposal for the concordat came from the Reich, and not from the

Vatican. I refer to Document Number 3268-PS, Exhibit Number USA-356,

excerpts from the Allocution of Pope Pius XII to the Sacred College on

June 2, 1945, already read into evidence. I quote from Page 1 of the

English mimeographed excerpts, Page 1 of the German translation, third

paragraph, which has not previously been read, “In the spring of 1933

the German Government asked the Holy See to conclude a concordat with

the Reich.”

The present Pope, Pope Pius XII, then Cardinal Pacelli, negotiated and

signed the concordat on behalf of the Vatican. As Archbishop Pacelli he

had previously been Papal Nuncio in Germany for 12 years.

Relying upon the Nazis’ assurances, particularly Hitler’s speech of

March 23, 1933 above quoted (3387-PS), the Catholic hierarchy revoked

its previous opposition against Catholics becoming members of the

National Socialist Party. I offer in evidence Document Number 3389-PS,

Exhibit USA-566, a pastoral letter, dated March 23, 1933, from the

Bishop of Cologne, and I quote from the _Völkischer Beobachter_ for

March 29, 1933 Page 2 Columns 2 and 3:

“The Archbishop of Cologne, Cardinal Schulte, announces to the

Archdiocese of Cologne a declaration of the Bishops’ Conference

at Fulda, which states:

“The bishops of the diocese of Germany, in their dutiful

solicitude to keep the Catholic faith pure and to protect the

inviolable aims and rights of the Catholic Church, have adopted,

for weighty reasons during the last years, an attitude of

opposition toward the National Socialist movement, through

prohibitions and warnings, which were to remain in effect as

long and as far as those reasons remained valid.

“It should now be recognized that there are public and solemn

declarations issued by the highest representative of the Reich

Government—who at the same time is the authoritarian leader of

that movement—which acknowledge the inviolability of the

teachings of the Catholic faith and the unswerving mission and

rights of the Church and which expressly guarantee the full

validity of the legal pacts concluded between the several German

Länder and the Church.

“Without lifting the condemnation, implied in our previous

measures, of certain religious and ethical errors, the

Episcopate now believes it can be confident that those general

prohibitions and warnings prescribed need no longer be regarded

as necessary.”

The Catholic Center Party, yielding to these assurances and to pressure,

was dissolved on July 5, 1933. I refer to Document Number 2403-PS,

already in evidence as part of U.S. Document Book B, an excerpt from

_Documents of German Politics_, the official Nazi publication, a

document of which the Court can take judicial notice; and I quote from

the last five lines of Page 1 of the English translation, appearing on

Page 55 of the original German text, which states:

“Also the parties of German Catholicism which were supposed to

be most deeply rooted, had to bow to the law of the New Order.

On July 4, 1933, the Bavarian People’s Party (Document 27), and

on July 5, 1933, the Center Party (Document 29), published an

announcement of their dissolution.”

In spite of these evidences of confidence and co-operation or submission

on the part of the Catholics, the Nazi conspirators almost immediately

commenced a series of violations of the concordat. I offer in evidence

Document Number 3476-PS, Exhibit USA-567, being the Papal Encyclical,

“Mit brennender Sorge”—in German—by Pope Pius XI on March 14, 1937,

and also ask the Tribunal to take judicial notice of all of it. I quote

from, the one-page English excerpt . . .

THE PRESIDENT: Did you say 3476 or 3466?

COL. WHEELER: 3476.

THE PRESIDENT: We don’t seem to have that.

COL. WHEELER: That may be a mistake, Sir, for 3563; the number was

changed. The part of it which is in English in the Document Book, Sir,

is under 3280-PS.

THE PRESIDENT: 3280?

COL. WHEELER: The difficulty is that the German original came in after

the translation had been made from another source.

THE PRESIDENT: 3280(a)-PS?

COL. WHEELER: 3280 without the (a). It’s just a couple of paragraphs.

THE PRESIDENT: Oh, yes; I see.

COL. WHEELER: These are found on Page 2, Paragraph 2, of the German

original, which is in evidence now, which was secretly reproduced at

Fulda from copies smuggled into Germany from Rome, and read definitely

from pulpits all over Germany. I quote:

“It discloses intrigues which from the beginning had no other

aim than a war of extermination. In the furrows in which we had

labored to sow the seeds of true peace, others, like the enemy

in Holy Scripture (Matt. xiii, 25), sowed the tares of

suspicion, discord, hatred, calumny, of secret and open

fundamental hostility to Christ and His Church, fed from a

thousand different sources and making use of every available

means. On them and on them alone and on their silent and vocal

protectors rests the responsibility for the fact that now, on

the horizon of Germany, there is to be seen, not the rainbow of

peace, but the threatening storm clouds of destructive religious

strife.

“Anyone who has even a grain of a sense of truth left in his

mind and even a shadow of a feeling of justice left in his heart

will have to admit that, in the difficult and eventful years

which followed the concordat, every word and every action of

ours was ruled by loyalty to the terms of the agreement; but

also he will have to recognize with surprise and deep disgust

that the unwritten law of the other party has been arbitrary

misinterpretation of agreements, circumvention of agreements,

weakening of the force of agreements and, finally, more or less

open violation of agreements.

“Only 10 days after the Concordat was signed. . . .”

THE PRESIDENT: None of this is in our book.

COL. WHEELER: That’s not in your book?

THE PRESIDENT: Not what you’ve been reading. The first paragraph, down

to the words “destructive religious wars” is in our book. The rest isn’t

in it.

COL. WHEELER: I think there must have been an error today then, Sir.

There was a second edition of that 3280, which contains the second

paragraph. I’ll have that substituted as soon as this is over.

THE PRESIDENT: All right.

DR. ALFRED SEIDL (Counsel for Defendant Frank): The United States

Prosecution said earlier in the proceedings that a certain part of the

material now being presented as evidence in the question of the

opposition to the churches was made available by the Vatican. The

Defendant Hans Frank has just sent me some questions which I do not want

to withhold from the Tribunal. The questions are these:

1. Is the Vatican a Signatory to the Charter of the International

Military Tribunal?

2. Did the Vatican deliver the material in an accusatory capacity?

3. Has the Vatican, acting as a co-prosecutor, identified itself with

the principles of these proceedings?

The Defendant Hans Frank adds by way of explanation that his continued

membership in the Roman Catholic Church depends on the reply to these

questions.

THE PRESIDENT: I think it desirable that the Tribunal understand your

objections. The first question that you ask is: Is the Vatican a

Signatory to the Charter? Is that right?

DR. SEIDL: Yes.

THE PRESIDENT: Your second question was what? What was your second

question?

DR. SEIDL: The second question is: Whether the Vatican submitted the

material which is now being presented, acting as co-prosecutor?

THE PRESIDENT: And your third?

DR. SEIDL: The third question is—and it is addressed directly to the

Prosecution—whether the Vatican, as prosecutor, has identified itself

with the principles upon which this Trial is being conducted?

[_There was a pause in the proceedings while the Judges conferred._]

THE PRESIDENT: In the opinion of the Tribunal the observations which

have just been made by counsel on behalf of the Defendant Frank are

entirely irrelevant, and any motion which they were intended to support

is denied. The Prosecution will therefore continue.

COL. WHEELER: I now offer in evidence the first of a number of documents

which the Vatican has supplied to the Prosecution in this case from its

own files and which authoritatively state the acts of suppression of the

Church by the Nazi conspirators. This first Vatican document, which

deals in part with acts of suppression within Germany, is Document

Number 3261-PS, Exhibit Number USA-568, a verbal note of the Secretariat

of State of His Holiness the Pope to the German Embassy, dated January

18, 1942. I read the certificate accompanying this document:

“The Vatican, November 13th, 1945.

“I, Domenico Tardini, Secretary of Extraordinary Ecclesiastical

Affairs, hereby certify that the attached document, consisting

of nine printed pages and entitled, ‘Verbal note of the

Secretariat of State of His Holiness to the German Embassy,’

January 18th, 1942, Pages 3-11, is a true and correct

translation into the English language from the Italian language

of a carbon copy of a document now in the possession of the

Secretariat of State of His Holiness, the original of which was

dispatched to the German Embassy.”—Signed—“Domenico Tardini.”

The paper in the document book, Your Honors, is a mimeographed copy of

the same printed document which we received from the Vatican. We did not

have enough printed documents to make them in the document books.

On Page 2 of the English mimeographed text of this verbal note,

Paragraphs 3 and 4—appearing on Page 2 of the German translation,

Paragraphs 3 and 4—the Papal Secretary of State describes, I quote:

“Measures and acts which gravely violate the rights of the

Church, being contrary not only to the existing concordats but

to the principles of international law ratified by the Second

Hague Conference . . .”

THE PRESIDENT: Did you say you were reading the third paragraph?

COL. WHEELER: Yes, Your Honor. It is the third full paragraph on Page 2.

It starts in the middle of the paragraph with the last word on the

seventh line of the third paragraph.

THE PRESIDENT: It is very difficult for us to find it if you don’t tell

us it begins in the middle of the paragraph.

COL. WHEELER: The last word of that line is “measures”. It’s the seventh

line of the paragraph beginning “Yet, despite this keen desire,” Sir.

THE PRESIDENT: Yes, I see.

COL. WHEELER: “. . . but often—and this is much more grave—to

the very fundamental principles of Divine Law both natural and

positive.”

The next paragraph specifies these measures. I quote:

“Let it suffice to recall in this connection, among other

things, the changing of the Catholic state elementary schools

into undenominational schools; the permanent or temporary

closing of many minor seminaries, of not a few major seminaries,

and of some theological faculties; the suppression of almost all

the private schools and of numerous Catholic boarding schools

and colleges; the repudiation, decided upon unilaterally, of

financial obligations which the State, municipalities, and so

forth, had towards the Church; the increasing difficulties put

in the way of the activity of the religious orders and

congregations in the spiritual, cultural, and social field, and

above all the suppression of abbeys, monasteries, convents, and

religious houses in such great numbers that one is led to infer

a deliberate intention of rendering impossible the very

existence of the orders and congregations in Germany.”

The Nazis did not overlook other sects or denominations in their efforts

to suppress Christian religion in Germany. They persecuted the

“Bibelforscher” or Bible students . . .

THE PRESIDENT: Perhaps, if you are going on to another church, it would

be better to break off until tomorrow morning.

[_The Tribunal adjourned until 8 January 1946 at 1000 hours._]

TWENTY-NINTH DAY

Tuesday, 8 January 1946

_Morning Session_

COL. WHEELER: The Nazis did not overlook other sects or denominations in

their efforts to suppress Christian religion in Germany. They persecuted

the Bibelforscher or International Bible Students as well. There has

already been introduced and read into evidence Document Number D-84,

Exhibit Number USA-236, showing that members of this sect were not only

prosecuted in the courts, but also seized and sent to concentration

camps, even after serving or remitting of their judicial sentences.

In Document Number 2928-PS, Exhibit Number USA-239, included in U.S.

Document Book A, further evidence of persecution of Bibelforscher

appears.

THE PRESIDENT: I think you are going a little bit fast. We are not going

to refer to D-84?

COL. WHEELER: I am not going to read from it, Sir.

THE PRESIDENT: Then you go to 2928-PS?

COL. WHEELER: 2928-PS; it is in the document book, Sir. This document is

an affidavit by Matthias Lex, Vice President of the national union of

shoemakers. In describing his experience in Dachau Concentration Camp he

says, and I quote from the third page of his affidavit:

“I include in the political prisoners the International Bible

Students”—Bibelforscher—“whose number I estimate at over 150.”

I want to read further from the last line of that page and the next few

lines of the next page:

“The following groups were kept entirely isolated: The members

of the so-called ‘punishment

companies,’”—Strafkompanien—“those who were in a concentration

camp for a second time, and after about 1937 also the

‘Bibelforscher’. Members of the ‘punishment companies’ were such

prisoners who had committed disciplinary or slight offenses

against the camp regulations. The following groups lived

separately but could mix with the other groups during the day,

either while working or while strolling through the camp:

“Political prisoners, Jews, anti-socials, gypsies, felons,

homosexuals, and, before 1937, also the International Bible

Students.”

I refer also to Document Number 1531-PS—this is not in the document

book—Exhibit Number USA-248, which is already in evidence. This was an

order by the RSHA in 1942 authorizing third-degree methods against

Jehovah’s Witnesses. That was read by Colonel Storey.

I now turn to acts of suppression in the annexed and occupied

territories. In Austria Bishop Rusch of Innsbruck has written an

illuminating report on this subject. I offer this sworn statement in

evidence, Document 3278-PS, Exhibit Number USA-569. This is a report on

the fighting of National Socialism in the Apostolic Administration of

Innsbruck-Feldkirch, of Tyrol and Vorarlberg. In this the Bishop

declares, and I start on the first page of the English text, and of the

German translation:

“After having seized power, National Socialism immediately

showed the tendency to exclude the Church from publicity.”

The expression “publicity”—this was written in English by the

Bishop—evidently means “public activities.” I continue with the quote:

“At Corpus Christi in 1938 the customary solemn procession was

forbidden. In the summer of the same year all ecclesiastical

schools and kindergartens were disbanded. Daily newspaper and

weekly reviews of Christian thinking were likewise removed. In

the same year all kinds of ecclesiastical organizations,

especially youth organizations such as Boy Scouts, were

disbanded, all activity forbidden.

“The effect of these prohibitions came soon: The clergy took

opposition against them, they could not do otherwise. Then a

great wave of priest arrests followed. About a fifth of them

were eventually arrested. Reasons for arrests were:

“1. The ‘pulpit-paragraph.’ When Party actions were mentioned or

criticized even in the humblest manner.

“2. The practice of taking care of young people. A specially

heavy prohibition was given in November 1939. Children’s or

youth’s mass or services were forbidden. Religion or faith

lessons were not allowed to be given in the church except

lessons of preparing for first Communion or confirmation.

Teaching of religion at school was very often forbidden without

any reason.

“The priest, according to his conscience, could not follow this

public proscription and this explained the great number of

arrests of priests. Finally, the priests were arrested on

account of their ‘caritative’ work. It was, for instance,

forbidden to give anything to foreigners or prisoners. A priest

was arrested because he gave a cup of coffee and bread to two

hungry Dutchmen. This ‘caritative’ act was seen to favor

elements foreign to the race.

“In 1939 and 1940 a new activity began. Cloisters and abbeys

were seized, disbanded, and many churches belonging to them

closed. Among these two convents were disbanded: the cloister of

the Dominican Sisters of Bludenz and that of the ‘Perpetual

Adoration’ of Innsbruck. In the latter the Sisters were dragged,

one by one, out of the cloister by the Gestapo. In the same way

ecclesiastical property such as association-houses, parish and

youth homes were seized. A list of these closed churches,

disbanded cloisters, and ecclesiastical institutions is

attached.

“Despite all these measures the results were not satisfactory.

Then priests were not only arrested, but also deported to

concentration camps. Eight priests of Tyrol and Vorarlberg have

been imprisoned, among them the Provicar Monseigneur Dr. Charles

Lampert. One died there on account of the ill-treatment, the

others returned. Provicar Lampert was released but required to

remain in Stettin, where later he was re-arrested and executed

in November 1944, after having been condemned to death by secret

proceedings.”

There is attached to this report a three-and-a-half-page list entitled,

“List of churches, convents, monasteries, and ecclesiastical objects of

Tyrol and Vorarlberg seized—that is, confiscated—and of the

institutions, confessional schools, _et cetera_, disbanded.” Unless the

Tribunal requires it, I shall not read these names.

I offer in evidence Document 3274-PS, Exhibit Number USA-570, received

from Cardinal Innitzer of Vienna and authenticated by him. This is the

first joint pastoral letter of the Archbishops and Bishops of Austria

after liberation, dated October 17, 1945. I quote from Page 1, second

paragraph of the English and German texts, which sums up the Nazi

conspirators’ campaign in Austria:

“A war which has raged terribly and horribly, like none other in

past epochs of the history of humanity is at an end. . . . At an

end also is an intellectual battle, the goal of which was the

destruction of Christianity and Church among our people; a

campaign of lies and treachery against truth and love, against

divine and human rights, and against international law.”

I quote further from the fourth and following paragraphs:

“Direct hostility to the Church was revealed in regulations

against orders and monasteries, Catholic schools and

institutions, against religious foundations and activities,

against the ecclesiastical recreation centers and institutions;

without the least rights to defend themselves they were declared

enemies of both people and state and their existence destroyed.

“Religious instruction and education of children and adolescents

were purposely limited, frequently entirely prevented. They

encouraged in every manner all efforts hostile to religion and

the Church and thus sought to rob the children and youth of our

people of the most valuable treasure of holy faith and of true

morality born of the Spirit of God. Unfortunately the attempt

succeeded in innumerable cases to the permanent detriment of

young people.

“Spiritual care of souls in churches and ecclesiastical houses,

in hospitals and other institutions was seriously obstructed. It

was made ineffectual in the Armed Forces and in the Labor

Service, in the transfer of youth to the country and, beyond

that, even in individual families and among numerous persons, to

say nothing of the prohibition of spiritual ministration to

people of another nationality and of other races.

“How often was the divine service as such, also sermons,

missions, Communion days, retreats, processions, pilgrimages,

restricted for the most impossible reasons and made entirely

impossible!

“Catholic literature, newspapers, periodicals, church papers,

religious writings were stopped, books and libraries destroyed.

“What an injustice occurred in the dissolution of many Catholic

societies, in the destruction of numerous church activities!

“Individual Catholic and Christian believers, whose religious

confession was allegedly free, were spied upon, criticized on

account of their belief, scorned on account of their Christian

activity. How many religious officials, teachers, public and

private employees, laborers, businessmen, and artisans, indeed,

even peasants were put under pressure and terror! Many lost

their jobs, some were pensioned off, others dismissed without

pension, demoted, deprived of their real professional activity.

Often enough such people who remained loyal to their convictions

were discriminated against, condemned to hunger or tortured in

concentration camps. Christianity and the Church were

continually scorned and exposed to hatred.

“The apostasy movement found every assistance. Every opportunity

was used to induce many to withdraw from the Church.”

In assessing responsibility for these acts of suppression in Austria,

the Court will recall that the Defendant Von Schirach was Gauleiter of

Vienna from 1940 to 1945.

I now come to the acts of suppression in Czechoslovakia, where, the

Court will recollect, the Defendant Von Neurath was Reich Protector for

Bohemia and Moravia from 1939 to 1943 and was succeeded by the Defendant

Frick. These acts have been summarized in an official Czech Government

report. I refer to Document 998-PS, Exhibit Number USA-91, already in

evidence. These are excerpts not previously read or referred to from the

“Czech Official Report for the Prosecution and Trial of the German Major

War Criminals by the International Military Tribunal Established

according to the Agreement of the Four Great Powers, of August 8, 1945.”

Since this is an official government document or report of one of the

United Nations, I ask that the Tribunal take judicial notice of it under

Article 21 of the Charter and I suggest that I be permitted to summarize

rather than read it.

It describes the maltreatment of Catholic priests—487 of whom were sent

to concentration camps as hostages—dissolution of religious orders,

suppression of religious instruction in Czech schools, suppression of

Catholic weeklies and monthlies, dissolution of the Catholic gymnastic

organization of 800,000 members, and seizure of Catholic Church

property. It describes the entire prohibition of the Czechoslovak

National Church and confiscation of all its property in Slovakia and its

crippling in Bohemia.

The report describes the severe restriction on freedom of preaching by

the Protestants and the persecution and imprisonment and execution of

ministers and the suppression of Protestant Church youth organizations

and theological schools and shows the complete subordination and later

dissolution of the Greek Orthodox Church. It states that all Evangelical

education was handed over to the civil authorities and many Evangelical

teachers lost their employment.

The repressive measures adopted by the Nazi conspirators in Poland

against the Christian Church were even more drastic and sweeping.

The Vatican documents now to be introduced describe persecutions of the

Catholic Church in Poland in three areas: First, the incorporated

territories, especially the Warthegau; second, the Government General;

and third, the incorporated Eastern territories.

The Court will recall that the incorporated territories comprised

territories adjacent to the old Reich, chiefly the Reich District

Wartheland or Warthegau, which included particularly the cities of

Poznan and Lodz and the Reich district Danzig-West Prussia.

The occupied Polish territories which were organized into the Government

General comprised the remainder of Poland, seized by the German forces

in 1939 and extending to the new boundary with the Soviets formed at

that time. This included Warsaw and Kraków. After the Nazis attacked the

Union of Soviet Socialist Republics in June 1941, the parts of old

Poland lying farther to the east and then overrun were included in the

so-called Occupied Eastern Territories.

For the purpose of tying the defendants’ responsibility for the

persecutions occurring in their respective areas, the Court will bear in

mind that the Defendant Frick was the official chiefly responsible for

the reorganization of the Eastern territories. The Defendant Frank was

head of the Government General from 1939 to 1945. The Defendant

Seyss-Inquart was Deputy Governor General there from 1939 to 1940. And

the Defendant Rosenberg was Reich Minister for the Occupied Eastern

Territories from July 17, 1941 to the end.

I now offer in evidence Document Number 3263-PS, Exhibit Number USA-571,

headed, “Memorandum of the Secretariat of State to the German Embassy

regarding the religious situation in the ‘Warthegau,’ October 8, 1942.”

This document bears a certificate of authenticity from the Vatican

signed by the Papal Secretary of Extraordinary Ecclesiastical Affairs

corresponding to that accompanying Document 3261-PS, read in evidence a

few minutes ago. Unless the Court requires otherwise, I suggest that it

is not necessary to read each of these certificates, which are all

similar one to another. I quote from Document 3263-PS, the first

paragraph:

“For quite a long time the religious situation in the region

called ‘Warthegau’ gives cause for very grave and

ever-increasing anxiety. There, in fact, the Episcopate has been

little by little almost completely eliminated; the secular and

regular clergy have been reduced to proportions that are

absolutely inadequate, because they have been in large part

deported and exiled; the education of clerics has been

forbidden; the Catholic education of youth is meeting with the

greatest opposition; the nuns have been dispersed;

insurmountable obstacles have been put in the way of affording

people the help of religion; very many churches have been

closed; Catholic intellectual and charitable institutions have

been destroyed; ecclesiastical property has been seized.”

On March 2, 1943 the Cardinal Secretary of State addressed to the

Defendant Von Ribbentrop, Foreign Minister of the Reich, a note setting

forth in detail the persecution of bishops, priests, and other

ecclesiastics and the suppression of the exercise of religion in the

occupied Polish provinces. This document is so explicit and so

authoritative that it deserves extensive quotation. I accordingly offer

it in evidence: Document Number 3264-PS, Exhibit Number USA-572. It is

headed, “A Note of His Eminence the Cardinal Secretary of State to the

Foreign Minister of the Reich about the religious situation in the

‘Warthegau’ and in the other Polish provinces subject to Germany.” It

bears a Vatican certificate of authenticity like that of Document

3261-PS. It is signed, “L. Card. Maglione,” meaning “Luigi Cardinal

Maglione.” I quote from this note, starting with Page 1, the third

paragraph of the English mimeographed text and of the German

translation:

“The place where, above all, the religious situation, by its

unusual gravity, calls for special consideration is the

territory called the ‘Reichsgau Wartheland.’

“Six bishops resided in that region in August 1939; now there is

left only one. In fact, the Bishop of Lodz and his auxiliary

were, in the course of the year 1941, confined first in a small

district of the diocese and then expelled and exiled in the

‘Generalgouvernement.’

“Another bishop, Monseigneur Michael Kozal, Auxiliary and Vicar

General of Wloclawek, was arrested in the autumn of 1939,

detained for some time in a prison in the city and later in a

religious house in Lad, and finally was transferred to the

concentration camp at Dachau.

“Since His Eminence the Cardinal Archbishop of Gniezno and

Poznan and the Bishop of Wloclawek, who had gone away during the

period of military operations, were not allowed to return to

their Sees, the only bishop who now remains in the ‘Warthegau’

is His Excellency Monseigneur Valentine Dymek, Auxiliary of

Poznan; and he, at least up to November 1942, was interned in

his own house.”

I pass now to Page 2, fourth paragraph of the English text, the fifth

paragraph of the German text:

“If the lot of their Excellencies the Bishops has been a source

of anxiety for the Holy See, the condition of an immense number

of priests and members of religious orders has caused it, and

still causes it, no less grief.

“In the territory now called ‘Warthegau’ more than 2,000 priests

exercised their ministry before the war; they are now reduced to

a very small number.

“According to accounts received from various quarters by the

Holy See, in the first months of the military occupation not a

few members of the secular clergy were shot or otherwise put to

death, while others—some hundreds—were imprisoned or treated

in an unseemly manner, being forced into employments unbecoming

their state and exposed to scorn and derision.

“Then, while numbers of ecclesiastics were exiled or constrained

in some other way to take refuge in the ‘Generalgouvernement,’

many others were transferred to concentration camps. At the

beginning of October 1941 the priests from the dioceses of the

‘Warthegau’ detained in Dachau already numbered several

hundreds; but their number increased considerably in that month

following a sharp intensification of police measures which

culminated in the imprisonment and deportation of further

hundreds of ecclesiastics. Entire ‘Kreise’ (districts) remained

thus completely deprived of clergy. In the city of Poznan itself

the spiritual care of some 200,000 Catholics remained in the

hands of not more than four priests.

“No less painful was the fate reserved for the regular clergy.

Many religious were shot or otherwise killed; the great majority

of the others were imprisoned, deported, or expelled.

“In the same way far-reaching measures were taken against the

institutions preparing candidates for the ecclesiastical state.

The diocesan seminaries of Gniezno and Poznan, of Wloclawek, and

of Lodz were closed. The seminary in Poznan for the training of

priests destined to work among Polish Catholics abroad was also

closed.

“The novitiates and houses of formation of the religious orders

and congregations were closed.

“Not even the nuns were able to continue their charitable

activities without molestation. For them was set up a special

concentration camp at Bojanowo, where towards the middle of 1941

about 400 sisters were interned and employed in manual labor. To

a representation of the Holy See made through the Apostolic

Nunciature in Berlin (Memorandum N. 40.348 of June 11th, 1941)

your Reich Ministry for Foreign Affairs replied in the

Memorandum Pol. III 1886 of September 28 of the same year that

it was only a question of a temporary measure, taken with the

consent of the Reich lieutenant for Wartheland, in order to

supply the lack of housing for Polish Catholic sisters. In the

same memorandum it was admitted that as a result of

reorganization of charitable institutions many Catholic sisters

were without employment.

“But, in spite of the fact that this measure was declared to be

temporary, it is certain that towards the end of 1942 some

hundreds of nuns were still interned at Bojanowo. It is

established that for some time the religious were deprived even

of spiritual help.

“Likewise in the matter of education and religious instruction

of youth no attention was paid in the ‘Warthegau’ to the rights

of the Catholic Church.

“All the Catholic schools were suppressed.”

THE PRESIDENT: Who was the Foreign Minister of the Reich at the time

that document was sent?

COL. WHEELER: It was the Defendant Von Ribbentrop.

I turn to Page 4, the 10th paragraph of the English text, Page 5, 4th

paragraph of the German text:

“The use of the Polish language in sacred functions, and even in

the Sacrament of Penance, was forbidden. Moreover—and this is a

matter worthy of special mention and is at variance with the

natural law and with the dispositions accepted by the legal

systems of all nations—for the celebration of marriage between

Poles the minimum age limit was fixed at 28 years for men and 25

years for women.

“Catholic Action was so badly hit as to be completely destroyed.

The National Institute, which was at the head of the whole

Catholic Action movement in Poland, was suppressed; as a result

all the associations belonging to it, which were flourishing, as

well as all Catholic cultural, charity, and social service

institutions, were abolished.

“In the whole of the ‘Warthegau’ there is no longer any Catholic

press and not even a Catholic bookshop.

“Grave measures were repeatedly taken with regard to

ecclesiastical property.

“Many of the churches closed to public worship were turned over

to profane uses. From such an insult not even the Cathedrals of

Gniezno, Poznan, Wloclawek, and Lodz were spared. Episcopal

residences were confiscated, the real estate belonging to the

seminaries, convents, diocesan museums, libraries, and church

funds were confiscated or sequestered.”

I pass now to the third full paragraph on Page 5, a two-line paragraph:

“Even before ecclesiastical property was affected, the

allowances to the clergy had been abolished.”

Now, reading from Page 6, the fourth full paragraph of the English text:

“The administrative regulations published by the lieutenant’s

office for the application of the ordinance of September 13th,

1941 made the situation of the Catholics in that region, still

more difficult.

“For example, on November 19, 1941 came a decree of the Reich

lieutenant by which among other things it was set forth that, as

from the previous September 13th, the property of the former

juridical persons of the Roman Catholic Church should pass over

to the ‘Römisch-katholische Kirche deutscher Nationalität im

Reichsgau Wartheland’ insofar as, on the request of the

above-mentioned ‘Religionsgesellschaft’ such property shall be

recognized by the Reich lieutenant as non-Polish property.’ In

virtue of this decree practically all the goods of the Catholic

Church in the ‘Warthegau’ were lost.”

Now I pass to Page 7, the second full paragraph:

“If we pass from the ‘Warthegau’ to the other territories in the

East, we unfortunately find there, too, acts and measures

against the rights of the Church and of the Catholic faithful,

though they vary in gravity and extension from one place to

another.

“In the provinces which were declared annexed to the German

Reich and joined up with the Gaue of East Prussia, of Danzig

West Prussia and of Upper Silesia, the situation is very like

that described above in regard to seminaries, the use of the

Polish mother-tongue in sacred functions, charitable works,

associations of Catholic Action, the separation of the faithful

according to nationality. There, too, one must deplore the

closing of churches to public worship, the exile, deportation,

the violent death of not a few of the clergy (reduced by

two-thirds in the diocese of Culma and by at least a third in

the diocese of Katowice), the suppression of religious

instruction in the schools, and above all the complete

suppression in fact of the Episcopate. Actually, after the

Bishop of Culma, who had left during the military operations,

had been refused permission to return to his diocese, there

followed in February 1941 the expulsion of the Bishop of Plock

and his auxiliary, who both died later in captivity; the Bishop,

the venerable octogenarian Monseigneur Julian Anthony

Nowowiejski, died at Dzialdowo on May 28th, 1941, and the

auxiliary, Monseigneur Leo Wetmanski, ‘in a transit camp’ on

October 10th of the same year.

“In the territory called the ‘Generalgouvernement,’ as in the

Polish provinces which had been occupied by Soviet troops in the

period between September 1939 and June 1941, the religious

situation is such as to cause the Holy See lively apprehension

and serious preoccupation. Without pausing to describe the

treatment meted out in many cases to the clergy (priests

imprisoned, deported, and even put to death), the confiscation

of ecclesiastical property, the closing of churches, the

suppression even of associations and publications of simply and

exclusively religious character, the closing of the Catholic

secondary and higher schools and of the Catholic University of

Lublin, let it suffice to recall two series of specially grave

measures: those which affect the seminaries and those which

weigh on the Episcopate.

“When the buildings of the various seminaries had been

completely or in part occupied, the intention for some time

(November 1940-February 1941) was to reduce these institutions

for the training of priests to two—those of Kraków and

Sandomierz; then the others were permitted to reopen, but only

on condition that no new students were admitted, which in

practice inevitably means that all these institutions will soon

be closed.”

I skip one paragraph here.

“Mention has several times been made of ecclesiastics deported

or confined in concentration camps. The majority of them were

transferred to the Altreich, where their number already exceeds

a thousand.”

THE PRESIDENT: What was the “Altreich”?

COL. WHEELER: The Altreich is the Old Reich of Germany.

THE PRESIDENT: Yes.

COL. WHEELER: “When the Holy See asked that they should be

liberated and be permitted to emigrate to neutral countries of

Europe or America (1940), the petition was refused; it was only

promised that they should all be collected in the concentration

camp at Dachau, that they should be dispensed from too hard

labor, and that some should be permitted to say Mass, which the

others could hear.

“The treatment of the ecclesiastics interned at Dachau, which,

for a certain time in 1941 was in fact somewhat mitigated,

worsened again at the end of that year. Particularly sorrowful

were the announcements which for many months in 1942 came from

that camp of the frequent deaths of priests, even of some young

priests among them.”

I pass by two paragraphs.

“Polish Catholics are not allowed to contract marriage in the

territory of the Altreich; just as requests for religious

instruction or instruction in preparation for confession and

Holy Communion for the children of these workers are, in

principle, not accepted.”

What happened to complaints—even from the Vatican—as to religious

affairs in the overrun territories is disclosed in Document Number

3266-PS, Exhibit Number USA-573, which I now offer in evidence. This is

a letter from the Cardinal Archbishop of Breslau to the Papal Secretary

of State, dated December 7, 1942. It bears a Vatican authentication

similar to those already read.

This letter lays at the door of the Party Chancellery the responsibility

for determining the policy and exercising final authority on religious

questions in the occupied territories. I quote from Page 1, the first

paragraph of this letter, and remind the Court that the Defendant

Bormann was at that time Chief of the Nazi Party Chancellery and that

the Defendant Kaltenbrunner was the Chief of the

Reichssicherheitshauptamt, the RSHA. I quote from Document 3266-PS,

beginning with the sixth line:

“About some of the gravest injuries inflicted on the Church, I

not only protested on each occasion as the individual incident

occurred, but I also made a most formal protest about them _in

globo_ in a document which, as spokesman of the Hierarchy, I

sent to the supreme ruler of the State and to the ministries of

the Reich on December 10th, 1941. Not a word by way of answer

has been sent to us.

“Your Eminence knows very well the greatest difficulty in the

way of opening negotiations comes from the overruling authority

which the ‘National Socialist Party Chancery’ exercises in

relation to the Chancery of the Reich and to the single Reich

ministries. This ‘Parteikanzlei’ directs the course to be

followed by the State, whereas the ministries and the

Chancellery of the Reich are obliged and compelled to adjust

their decrees to these directions. Besides, there is the fact

that the ‘supreme office for the security of the Reich,’ called

the ‘Reichssicherheitshauptamt’ enjoys an authority which

precludes all legal action and all appeals. Under it are the

‘secret offices for public security,’ called ‘Geheime

Staatspolizei’ (a title shortened usually to Gestapo), of which

there is one for each province. Against the decrees of this

central office and of the secret offices there is no appeal

through the courts, and no complaint made to the ministries has

any effect. Not infrequently the councillors of the ministries

suggest that they have not been able to do as they would wish to

because of the opposition of these Party offices. As far as the

executive power is concerned, the organization called the SS,

that is, ‘The Schutzstaffeln der Partei,’ is in practice

supreme. . . .

“On a number of very grave and fundamental issues we have also

presented our complaints to the supreme leader of the Reich, the

Führer. Either no answer is given, or it is apparently edited by

the above-mentioned Party Chancery, which does not consider

itself bound by the Concordat made with the Holy See.”

I now offer in evidence Document Number 3279-PS, Exhibit Number USA-574.

This is an excerpt from Charge Number 17 against the Defendant Hans

Frank, Governor General of Poland, entitled, “Maltreatment and

Persecution of the Catholic Clergy in the Western Provinces,” submitted

by the Polish Government under the terms of Article 21 of the

Four-Power-Agreement of August 8, 1945. This gives further figures

indicating the extent of the persecution of priests. I quote:

“The extract attached hereto and dealing with the ‘General

Conditions and Results of the Persecution’ is taken from the

text of Charge 17, Page 5, Paragraph IV, of the Polish

Government against the defendants named in the Indictment before

the International Military Tribunal, subject: ‘Maltreatment and

Persecution of the Catholic Clergy in the Incorporated Western

Provinces of Poland.’ It is a true translation into English of

the original Polish.

“It is submitted herewith to the International Military Tribunal

in accordance with Article 21 of the Charter of the Court.”

Signed: “Dr. Tadeusz Cyprian, Polish Deputy Representative on

the United Nations War Crimes Commission in London, signing on

behalf of the Polish Government and of the Main Commission for

Investigation of German War Crimes in Poland, whose seal I

hereby attach.”

THE PRESIDENT: I don’t think you need read such certificates as that.

COL. WHEELER: This is the only one, Sir, that I have. I now read from

this extract:

“General Conditions and Results of the Persecution:

“11. The general situation of the clergy in the Archdiocese of

Poznan in the beginning of April 1940 is summarized in the

following words of Cardinal Hlond’s second report:

“Five priests shot; 27 priests confined in harsh concentration

camps at Stutthof and in other camps; 190 priests in prison or

in concentration camps at Bruczkow, Chludowo, Goruszki,

Kazimierz, Biskupi, Lad, Lubin, and Puszczykowo; 35 priests

seriously ill in consequence of ill-treatment; 122 parishes

entirely left without priests.

“12. In the Diocese of Chelmno, where about 650 priests were

installed before the war, only 3 percent were allowed to stay,

the 97 percent of them were imprisoned, executed, or put into

concentration camps.

“13. By January 1941 about 700 priests were killed, 3,000 were

in prison or concentration camps.”

I refer also to Document Number 3268(a)-PS, Exhibit Number USA-356,

excerpts from the allocution of Pope Pius XII to the Sacred College June

2, 1945, which has already been introduced into evidence and read from

extensively. I shall not read from that again. This gives some very

revealing figures concerning the priests and lay brothers confined in

the concentration camp at Dachau.

The Tribunal will recall, from the previous reading of this document,

the imprisonment of 2,800 priests and lay brothers in Dachau alone from

1940 to 1945, of whom all but about 800 were dead by April 1945,

including an auxiliary bishop.

This document presents a forceful summary of the principal steps in the

struggle of the Nazi conspirators against the Catholic Church.

In summation the Prosecution submits that the evidence presented to the

Court proves that the attempted suppression of the Christian churches in

Germany, Austria, Czechoslovakia, and Poland was an integral part of the

defendants’ conspiracy to eliminate internal opposition and otherwise to

prepare for and wage aggressive war and shows the same conspiratorial

pattern as their other War Crimes and Crimes against Humanity.

COL. STOREY: If the Tribunal please, before we present the subject of

individual defendants, by agreement with our British colleagues, Major

Elwyn Jones will now present a brief subject entitled, “Aggression as a

Basic Nazi Idea.”

MAJOR F. ELWYN JONES (Junior Counsel for the United Kingdom): May it

please the Tribunal, it is now my duty to draw to the Tribunal’s

attention a document which became the statement of faith of these

defendants. I refer to Hitler’s _Mein Kampf_. It is perhaps appropriate

that this should be considered at this stage of the Trial just before

the Prosecution presents to the Tribunal the evidence against the

individual defendants under Counts One and Two of the Indictment, for

this book, _Mein Kampf_, gave to the defendants adequate foreknowledge

of the unlawful aims of the Nazi leadership. It was not only Hitler’s

political testament; by adoption it became theirs.

This book, _Mein Kampf_, might be described as the blueprint of Nazi

aggression. Its whole tenor and content enforce the Prosecution’s

submission that the Nazi pursuit of aggressive designs was no mere

accident arising out of the immediate political situation in Europe and

the world which existed during the period of Nazi power. _Mein Kampf_

establishes unequivocally that the use of aggressive war to serve their

aims in foreign policy was part of the very creed of the Nazi Party.

A great German philosopher has said that “ideas have hands and feet.” It

became the deliberate aim of these defendants to see to it that the

ideas, doctrines, and policies of _Mein Kampf_ should become the active

faith and guide for action of the German nation, and particularly of its

malleable youth.

As my American colleagues have already submitted to the Tribunal, from

1933 to 1939 an extensive indoctrination in the ideas of _Mein Kampf_

was pursued in the schools and universities of Germany, as well as in

the Hitler Youth under the direction of the Defendant Baldur von

Schirach and in the SA and SS and amongst the German population as a

whole by the agency of the Defendant Rosenberg.

A copy of this book _Mein Kampf_ was officially presented to all newly

married couples in Germany, and I now hand to the Tribunal such a

wedding present from the Nazis to the newlyweds of Germany and for the

purposes of the record it will be Exhibit GB-128 (Document Number

D-660). The Tribunal will see that the dedication on the flyleaf of that

copy reads:

“To the newly-married couple, Friedrich Rosebrock and Else née

zum Beck, with best wishes for a happy and blessed marriage.

Presented by the Communal Administration on the occasion of

their marriage on the 14th of November 1940. For the Mayor, the

Registrar.”

The Tribunal will see, at the bottom of the page opposite to the

contents page, that that edition of _Mein Kampf_, which was the 1940

edition, brought the number of copies of _Mein Kampf_ published to

6,250,000. This was the scale upon which this book was distributed. It

was blasphemously called “the bible of the German people”.

As a result of the efforts of the defendants and their confederates,

this book poisoned a generation and distorted the outlook of a whole

people.

As the SS General Von dem Bach-Zelewski indicated yesterday, if you

preach for years, as long as 10 years, that the Slav peoples are

inferior races and that the Jews are subhuman, then it must logically

follow that the killing of millions of these human beings is accepted as

a natural phenomenon.

From _Mein Kampf_ the way leads directly to the furnaces of Auschwitz

and the gas chambers of Maidanek.

What the commandments of _Mein Kampf_ were I shall seek to indicate to

the Tribunal by quotations from the book, which are set out in the

extracts which I trust are now before the Tribunal. Those extracts are

set out in the order in which I shall, with the Tribunal’s permission,

refer to them.

Now these quotations fall into two main categories. The first category

is that of general expression of Hitler’s belief in the necessity of

force as the means of solving international problems. The second

category is that of Hitler’s more explicit declarations on the policy

which Germany must pursue.

Most of the quotations in the second category come from the last three

Chapters, 13, 14, and 15 of Part II of _Mein Kampf_, in which Hitler’s

views on foreign policy were expounded. The significance of that fact

will be realized if the Tribunal looks at the German edition of _Mein

Kampf_. The Tribunal will observe that Part II of _Mein Kampf_ was first

published in 1927, that is to say, less than 2 years after the Locarno

Pact and within a few months of Germany’s entry into the League of

Nations. The date of the publication of these passages, therefore,

brands them as a repudiation of the policy of international co-operation

embarked upon by Stresemann and as a deliberate defiance of the attempt

to establish, through the League of Nations, the rule of law in

international affairs.

First I place before the Tribunal some quotations showing the general

views held by Hitler and accepted and propagated by the defendants about

war and aggression generally. The first quotation, from Page 556 of

_Mein Kampf_, reads:

“The soil on which we now live was not a gift bestowed by Heaven

on our forefathers. But they had to conquer it by risking their

lives. So also in the future our people will not obtain

territory and therewith the means of existence as a favor from

any other people, but will have to win it by the power of a

triumphant sword.”

On Page 145 Hitler revealed his own personal attitude to war. Of the

years of peace before 1914 he wrote:

“Thus I used to think it an ill-deserved stroke of bad luck that

I had arrived too late on this terrestrial globe, and I felt

chagrined at the idea that my life would have to run its course

along peaceful and orderly lines. As a boy I was anything but a

pacifist and all attempts to make me so proved futile.”

Generally, Hitler wrote of war in this way. On Page 162 we find:

“In regard to the part played by humane feeling, Moltke stated

that in time of war the essential thing is to get a decision as

quickly as possible and that the most ruthless methods of

fighting are at the same time the most humane. When people

attempt to answer this reasoning by ‘highfalutin’ talk about

aesthetics, _et cetera_, only one answer can be given. It is

that the vital questions involved in the struggle of a nation

for its existence must not be subordinated to any aesthetic

consideration.”

How faithfully these precepts of ruthlessness were followed by the

defendants the Prosecution will prove in the course of this Trial.

Hitler’s assumption of an inevitable law of struggle for survival linked

up in Chapter 11 of Book I of _Mein Kampf_, with the doctrine of Aryan

superiority over other races and the right of Germans, in virtue of this

superiority, to dominate and use other peoples as instruments for their

own ends. The whole of Chapter 11 of _Mein Kampf_ is dedicated to this

master race theory, and, indeed, many of the later speeches of Hitler,

his addresses to his generals and so forth, were mainly repetitive of

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 04 · 第 15 / 17 章